April 17, 1997
Mr. Jesse Juen
Tucson Resource Area Manager
Bureau of Land Management
Dear Mr. Juen,
RE: 1. Bureau of Land Management (BLM) negligence in allowing the
destruction of archaeological sites by trespass cattle within the San
Pedro River Riparian National Conservation Area (NCA)
2. Failure of recovery of large sections of the NCA owing in good part to
BLM intransigence in accommodating continuing grazing by trespass cattle
Southwest Center for Biological Diversity (SWCBD) members continue to
complain about damage from trespass cattle on the San Pedro River Riparian
National Conservation Area. One of the archaeological areas within the
NCA has now suffered loss from which it can never recover.
The Bureau of Land Management (BLM) is mandated to preserve public
resources on its lands. There are several areas on the NCA where large,
unique archaeological sites are located. These sites are invaluable, and
are an important part of BLM trust responsibility.
The archaeological sites north of Escapule Hill have been and continue to
be damaged by cattle trampling and grazing. On multiple occasions in the
last several years, our members have specifically requested that the
Sierra Vista BLM office protect these sites from trespass cattle.
On April 14, 1997, alarmed by increasing accounts of trampled pottery and
continuing denuding of the by ongoing cattle grazing, we again visited the
sites. The sites are now almost completely devoid of cover secondary to
the cattle grazing. Trampled pottery and trampled dwelling foundation
structures are now grossly apparent. There are old and new cattle feces
everywhere. We have photographed some of the areas of concern to document
the destruction and BLM intransigence.
These particular sites belong to the Mogollon, Babocomari, and Sobaipuri.
The Sobaipuri are relatives of the Tohono O'Odham. The burial sites
within the area also belong to relatives of the Tohono O'Odham. These
sites are culturally and historically invaluable.
On April 12, 1997, about one half mile north of the intersection of the
Curtis Mill Road and the River, just south of a very large island of salt
cedar, we observed five cows and one calf. In addition, just to the south
of the St. David diversion dam another cow was observed in the River
itself. Later, that same cow crossed the diversion dam and headed north
along the diversion dam access road. The cow had brands that looked like
an underlined "w" on the upper lower rib section and had what looked to be
a "7" on the flank. The cow also had a yellow left ear tag with the
number "59" on it.
While we all have been encouraged by the recovery of the sections of River
from north of Hereford to the Charleston narrows, we continue to be
disappointed in BLM unwillingness to extend protection to other sections
of the NCA. In the sections of the NCA north of the Charleston narrows,
there has been little, if any, recovery. While some of these areas may
now be ephemeral secondary to decreasing flows in the River, the
continuous presence of cattle certainly has not helped.
Our years of documentation of BLM failure to control trespass cattle
certainly seems an exercise in futility. While we have learned to expect
the predictable response containing the rhetoric of BLM managerial
adequacy and concern, we will continue to document the tragic record.
Someday cattle will actually be completely removed from the entire NCA so
that a full grazing moratorium can begin. In the areas north of the
Charleston narrows, a full moratorium on grazing would certainly remove a
significant barrier to recovery of the area.
BLM facilitation of ongoing destruction of irreplaceable archaeological
and burial sites must stop now. Cattle must be removed from these areas
immediately before anymore damage can occur.
In addition to violations of BLM trust responsibility, continued BLM
facilitation of the destruction of archaeological and burial sites violate
the National Historic Preservation Act, and the American Indian Religious
Freedom Act. Because the BLM has been warned repeatedly, we are currently
investigating applicable felony statutes. Please confirm in writing that
these sites will be immediately protected.
If you have any questions, please contact Dr. Robin Silver, Conservation
Chair, SWCBD, P.O. Box 39629, Phoenix, AZ 85069-9629, phone: (602) 246
4170.
Sincerely,
Robin D. Silver, M.D.
Conservation Chair
cc:
Joseph Joaquin
Tohono O'Odham Cultural Preservation Officer
Sells, Arizona
David Frank, Esq.
Tohono O'Odham Attorney General
Sells, Arizona
Janet Napolitano, Esq.
US Attorney for Arizona
Phoenix, Arizona
Claudia Nissley
Director
Western Office of Planning and Review
President's Advisory Council on Historic Preservation
Lakewood, Colorado
Jim Garrison
Arizona State Historic Preservation Officer
Phoenix, Arizona
Shirley Baca
Acting Director
Bureau of Land Management
Washington, D.C.
Denise Meredith
State Director
Bureau of Land Management
Washington, D.C.
Bruce Babbitt, Esq.
Secretary of the Interior
Washington, D.C.